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Roseville City Council
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Mr. Dennis Welsch <br />March 16, 2000 <br />Page 2 <br />Our Minnesota Courts have stated that: <br />The appropriate standard of review in zoning matters is whether the zoning <br />authority's action was reasonable. Our Cases express the standard in various ways: <br />Is there a"reasonable basis" for the decision? or is the decision "unreasonable, <br />arbitrary, or capricious"? or is the decision "reasonably debatable"? Northwest <br />Residence, Inc. v. City of Brooklyn Center, 352 N.W.2d 764,767 (Minn. App.1984), <br />review denied (Minn. Jan. 4, 1985). In other words, a reviewing court should only <br />set aside routine municipal decisions in those rare instances in which the decision has <br />no rational basis. White Bear pocking and Storage, Inc. v. City of White Bear Lake, <br />324 N.W.2d 174,176 (Minn.1982). <br />Ward v. Itasca County Bd. ofAdjustment, 1998 WL 566829, p.l (Minn. App., Sep 08, 1998). <br />Moreover, a reviewing court "will not invalidate a city's zoning variance decision if the city acted <br />in good faith and within the broad discretion accorded it by statutes and ordinances." Sagstetter v. <br />City of St. Paul, 529 N.W.2d 488,491 (Minn. 1995). A decision of a city will only be reversed "if <br />its stated reasons are legally insufficient or without factual basis." Rowell v. Board ofAdjustment, <br />446 N.W.2d 917, 921 (Minn. Ap. 1989) (pet. for rev. denied Minn. Dec. 15, 1989). The Planning <br />Commission made a reasonable decision based on the facts advanced by Bradley regarding their <br />claimed undue hardship as well as the underlying ordinance governing lot coverage. <br />During the course of the hearing before the Planning Commission, issues relating to parking were <br />raised in the context of the adequacy and proximity of parking. The argument was made that one <br />of the underlying purposes for limiting lot coverage for shopping centers is to ensure adequate <br />parking. Mr. Jamnik made it clear that the Planning Commission was not empowered to address the <br />variance based on the adequacy and proximity of parking. Mr. Jamnik stated that the Planning <br />Commission hearing was limited to the request for a variance from the lot coverage and non- <br />conforming use ordinances. <br />Mr. Welsch further clarified at the Planning Commission hearing that the availability of the entire <br />south lot for parking was dealt with in the context of a special use permit hearing conducted in 1987. <br />At the request of counsel for Mr. Keller, staff provided copies of the earlier proceedings regarding <br />use of the south lot. The proceedings, summarized below, provide interesting insight into the issue <br />of the adequacy of parking, which still remains a concern with respect to the question of lot <br />coverage. <br />On August 4, 1976, the Roseville Planning Commission reviewed a request for re-zoning of the <br />south lot portion of the Har Mar property from R-1 to B-1-B. The request was made in conjunction <br />with a joint venture, proposed by Mrs. Marie Slawik and Dr. Thomas Votel, to develop a medical <br />building on the south parking lot. A copy of the proceedings is enclosed. The Roseville Sun, in an <br />
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